X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

11-193. THE PEOPLE OF THE STATE OF NEW YORK, res, v. SADA WELE, def-app — Judgment of conviction (Jennifer G. Schecter, J.), rendered January 4, 2011, affirmed.

Defendant’s present challenge to the facial sufficiency of the accusatory instrument is lacking in merit. The information — comprising the misdemeanor complaint and supporting depositions of the arresting police officer and a representative of the trademark owner — alleged, inter alia, that at a specified time at the southeast corner of Canal and Church streets in Manhattan, defendant, without the requisite license, was observed holding a black plastic bag containing hand bags bearing Coach trademarks; that defendant showed the merchandise to “numerous people” and “exchanged the merchandise with [three] customers in return for currency”; that the hand bags sold on the street by defendant were determined to be counterfeit based on several features distinguishing them from genuine Coach hand bags; and that the allegedly counterfeit trademarks appearing on the bags were registered and in use. These factual allegations, “given a fair and not overly restrictive or technical reading” (People v. Casey, 95 NY2d 354, 360 [2000]), were sufficient to establish reasonable cause to believe and a prima facie case that defendant was guilty of unlicensed general vending (see Administrative Code of City of NY §20-453) and third-degree trademark counterfeiting (see Penal Law §165.71). For purposes of our threshold, pleading-stage inquiry, the accusatory instrument sufficiently described the trademark that was allegedly infringed (see People v. Thiam, 189 Misc 2d 810, 812-813 [2001]) and supported a finding that defendant was acting in a “public space” (see Administrative Code §20-452[d]; People v. Abdurraheem, 94 AD3d 569, 570 [2012], lv denied 19 NY3d 970 [2012]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Position Title: Attorney Advisor Job ID: 26779 Open To: Public Open Period: ...


Apply Now ›

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have at l...


Apply Now ›

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›